ORDER

1. The issue raised in this applicat ion is non-compliance of Solid Waste (Management and Handling of Waste) Rules, 2016 by Nagar Panchayat Guhagar, Ratnagiri, Maharashtra.

2. The matter was taken up on 01.02.2022 and the Joint Committee was constituted with the direction to submit the factual and actin taken report.

3. In compliance thereof, the Joint Committee had submitted the report which is as follows:-

“

(i) In compliance of the order passed by the Hon’ble National Green Tribunal, Western Zone Bench, Pune dated 01.02.2022, accordingly joint committee visited the solid waste dumping site at plot No 191 H. No. 1/1 Mouje Guhagar, Tq. Guhagar Dist. Ratnagiri on 16-03-

2022.

(ii) The Joint Committee noted that issues raised by the applicant broadly pertain to violations of CRZ and Environment enactments i.e. Guhagar Nagar Panchayat still composting, dumping and throwing solid waste into Sea shore area nearby the Turtle nesting site. The permission denied by MCZM Authority and directed to Nagar Panchayat to relocate existing composting pits to non CRZ area and shift the existing pits/ dumping site.

(iii) The Guhagar Nagar Panchayat was established in 2012 with population is around 7300 soul. The above solid waste dumping site is falls under CRZ area vide letter dtd. 22.08.2013 and also MPCB has not authorized the same site. The composting pits for wet waste were started in 2012 by Guhagar Nagar Panchayat at plot No 191H. No. 1/1 Mouje Guhagar, Tq. Guhagar Dist. Ratnagiri. However, the dumping and composting activity was stopped at the aforesaid plot from 22 January 2022. At present there is no dumped garbage observed at site, only five nos of constructed composting pits and one open shed are available at site. The total 1.0 ton per day of solid waste generated within the limits of Guhagar Nagar Panchayat, out of that 0.7 ton of wet waste is being directly disposed to the nearby farmers who are doing vermicomposting through composting pits and composted material used as manure. The remaining 0.3 tons of dry waste is collected and stored near Guhagar Nagar Panchayat office building premises and after segregation, the same is sale out to the recycler. Excluding the CRZ area, the Guhagar Nagar Panchayat is developing a new Solid Waste processing site at Gut No. 134/9, Mouje Guhagar, Dist. Ratnagiri. The Collector Ratnagiri has given approval for solid waste management at new site Gut No. 134/9, Mouje Guhagar, Dist. Ratnagiri vide letter dtd. 31-03-2021.

(iv) The violations were noted by the committee under the Solid Waste Management Rules, 2016. Accordingly, Board has issued proposed direction to M/s. Guhagar Nagar Panchayat undersection 33A of Water (Prevention and Control of Pollution) Act, 1974 vide letter dtd. 17-03-2022 on the ground that Municipal solid Waste dumped unscientifically on unauthorized site and also for non-segregation of biodegradable and non-biodegradable.”

4. The Learned Counsel appearing for Respondent Nos. 1 and 2 has submitted that the Collector Ratnagiri is personally looking into the matter and site for solid waste management has been decided as per availability of the land in compliance of environmental rules.

5. It has further been submitted that the State Pollution Control Board (SPCB) has issued notices to the concerned and necessary actions have been initiated according to the rules.

6. In view of the report, we direct the Collector Ratnagiri to look into the matter personally and to ensure the compliance of Solid Waste (Management and Handling of Waste) Rules 2016 and other environmental rules and in case of violation, legal necessary action must be initiated according to the rules.

7. The State Pollution Control Board has to see the compliance of the environmental rules and also take necessary legal action in addition to imposing environmental compensation, in case of violation.

8. The Original Application/I.A. stands disposed of, accordingly.

Sheo Kumar Singh, JM Dr. Vijay Kulkarni, EM April, 01, 2022 Or